Trump-era work permit rule affecting Indian H-1B spouses faces Senate challenge

A group of senior US senators has moved to roll back a Trump-era rule that scrapped automatic work permit renewals for certain noncitizens, a decision that could have wide implications for Indian nationals, especially spouses of H-1B visa holders.

The resolution, introduced under the Congressional Review Act (CRA), seeks to reverse an interim final rule issued by the US Citizenship and Immigration Services (USCIS) on October 30 that eliminates automatic extensions of Employment Authorization Documents (EADs) for 18 categories of noncitizens.

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The initiative is being led by Senator Alex Padilla, a Democrat from California and ranking member of the Senate Judiciary Immigration Subcommittee, along with Senator Jacky Rosen of Nevada and nine other senators.

Also Read: 20 US states sue Trump over $100,000 H-1B visa fee

What the Trump-era USCIS rule changes for H-1B spouses

The rule removes automatic work permit extensions for 18 categories of noncitizens, including individuals granted asylum or temporary protected status, refugees, and spouses of H-1B nonimmigrants, a group that includes a large number of Indian nationals legally residing in the United States.

Under the earlier policy, noncitizens who filed renewal applications within prescribed timelines were allowed to continue working while USCIS processed their requests. The Trump administration’s change ends this safeguard, meaning individuals could lose their right to work if their renewal remains pending beyond the permit’s expiry.

Senators backing the resolution argue that prolonged USCIS processing delays could force legally authorised workers to stop working for months, despite having filed renewal applications on time.

Why US lawmakers say the rule hurts Indian families and employers

According to the senators, the rule would affect nearly 87 per cent of all pending EAD renewals if implemented. They warn that thousands of workers who have already been vetted and approved could lose their ability to work simply due to administrative backlogs.

Indian professionals and their families are among those most exposed to employment-based immigration policy shifts in the US. Spouses of H-1B visa holders are commonly employed in sectors such as technology, healthcare, finance, education and research, with many households dependent on uninterrupted work authorisation.

“The Administration’s self-defeating rule to deny automatic work permit extensions would force people who have already been vetted to lose their ability to keep working, causing unnecessary strain for immigrants and employers alike. People who have already been screened and authorized to work should be able to keep working, plain and simple,” Padilla said, criticising what he described as an effort to marginalise noncitizens working legally in the US.

Senator Rosen also warned of broader economic consequences, saying the rule would create chaos by forcing thousands of legally authorised immigrants to stop working or risk termination, hurting both families and employers.

“This unfair rule change by the Trump Administration will cause chaos, forcing thousands of immigrants with legal authorisation to stop working or be fired by their employers. This will hurt our economy and harm thousands of families, so I’m urging my colleagues to join me in overturning this rule.”

The resolution is co-sponsored by Senators Michael Bennet, Chris Coons, Catherine Cortez Masto, Dick Durbin, Angus King, Adam Schiff, Jeanne Shaheen, Chris Van Hollen and Peter Welch.

Under the CRA, lawmakers can strike down recently finalised federal regulations by passing a joint resolution within a specified window. If cleared by both chambers and signed into law, the move would invalidate the USCIS rule and prevent the agency from introducing a similar policy.